English Devolution and Community Empowerment Bill

(Limited Text - Ministerial Extracts only)

Consideration of Lords message
Tuesday 28th April 2026 Commons Chamber

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Miatta Fahnbulleh)]

I beg to move,

That this House insists on its disagreement with the Lords in their Amendments 89B and 89C but proposes amendment (a) in lieu of those amendments.

[Madam Deputy Speaker]

With this it will be convenient to consider the following Government motions:

That this House insists on its disagreement with the Lords in their Amendments 36, 90 and 155, insists on its amendments 155A to 155F and 155H to the words so restored to the Bill by that disagreement with Amendment 155, and proposes amendment (a) to the words so restored to the Bill by that disagreement.

That this House insists on its disagreement with the Lords in their Amendments 85 and 86, 97 to 116, 120, 121 and 123, insists on its amendments 123C to 123H and 123J to 123K in lieu, and proposes amendments (a) to (e) in lieu.

[Miatta Fahnbulleh]

I am pleased to speak once again on the English Devolution and Community Empowerment Bill. I thank Members from across the House for their constructive engagement in getting the Bill to this point. This Bill matters because, if we are to transform our economy, drive up living standards and deliver better public services in every community, a fundamental change is needed in the way that the country is run. This landmark Bill will deliver just that. It represents the biggest transfer of power out of Whitehall to our regions and communities in a generation.

I am glad that we have found a way forward on several of the issues that we most recently discussed—namely, the role of strategic authorities and mayors in rural affairs, agents of change in the planning system, and the role of town and parish councils in neighbourhood governance. We have listened carefully to the concerns raised in both Houses on the remaining issues: the ministerial power of direction in schedule 1, the prioritisation of development on brownfield land, and the models of governance in local authorities. That is why the Government have today tabled three amendments, which I will now outline.

On the question of the ministerial power of direction in the Bill, I remind the House that ensuring that every part of England can benefit from devolution remains a key objective of this Government. I repeat for the record that we on this side of the House believe strongly that the Government have a duty to drive economic growth, unlock investment and deliver better outcomes for our communities. To deny communities that opportunity would be to hold them back. That is why we originally put in place a backstop power of direction for the Secretary of State to use in exceptional circumstances—I emphasise “exceptional circumstances”—but to be clear, the approach that we are taking in practice is to work with local leaders to forge enduring local partnerships and strong local institutions with their consent.

However, we have heard the concerns and strength of feeling from some noble peers about the scope of the powers previously included in schedule 1. To that end, and in the interests of not delaying the progress of the Bill and of showing that communities can benefit from the powers that we all wish to see enacted at the earliest opportunity, the Government are content to remove all powers in schedule 1 that would allow the Secretary of State to direct the establishment of a strategic authority, whether mayoral or non-mayoral, or to provide directly for a mayor of an existing non-mayoral strategic authority.

In addition, I am happy to commit that the Government will not seek to use the remaining power to direct the addition of a local government area to an existing strategic authority for a period of four years following Royal Assent. It will then remain subject to all the same safeguards that have been discussed at length. As I have said consistently throughout the passage of the Bill, our policy and our practice are very clear. We are working with local leaders and we will continue to work with them to develop devolution proposals that command broad support across their area. That collaborative approach will always be our clear preference. The concessions I am making here today put that commitment beyond any doubt.

I shall turn now to the issue of brownfield land. The Government consider Lords amendments 89B and 89C to be unworkable. They would undermine effective plan making, constrain proper consideration of local circumstances and introduce inconsistency between spatial development strategies prepared by mayors and strategic authorities and those prepared by other authorities. As I have previously said, national policy remains the most effective route through which planning reform can be pursued, and it is the right place to set clear expectations about where development should take place.

Where concerns have been expressed about the effectiveness of existing policy, it remains too early to assess the full impact of the recent and proposed changes to national planning policy. However, in recognition of the strength of feeling expressed about inappropriately located development and to further reinforce a brownfield-first approach, the Government have tabled their own amendment. This would set a requirement in primary legislation for the Secretary of State to use existing regulation-making powers to ensure that strategic planning authorities have regard to the desirability of prioritising development on land that has been previously developed.

This will put consideration of brownfield land on the same legal footing as other highly important issues that are also on the face of the legislation, such as promoting sustainable development and the impact on health and health inequalities. It will ensure that the prioritisation of brownfield land is front and centre when strategic planning authorities are producing a spatial development strategy and considering how to meet the growth needs of their area. The drafting of our amendment is consistent with national policy, making it clear that prioritising development on brownfield land is an overall objective and clearly desirable. Enshrining this requirement in legislation will elevate its importance and further solidify the Government’s clear commitment to a brownfield-first approach.

I now turn to the matter of local authority governance. As hon. Members will know, the Government have set a clear default position. Councils that are currently operating the committee system and are not otherwise protected should be required to move to the leader and cabinet model within one year of the relevant Bill provisions coming into force. That remains the Government’s firm expectation. However, we have heard concerns expressed in the other place and in this House that requiring a council to move to the leader and cabinet model within a year could create challenges for some councils, their members and officers—for example, where an authority has submitted a proposal for a boundary change or merger in response to the Secretary of State’s new power to invite such proposals.

The Government amendment we are bringing forward today responds to those concerns. It allows the Secretary of State to extend the one-year transition period for non-protected councils by a further year in certain circumstances. This provides flexibility where a council is already on a clear path to dissolution, so that it is not required to undertake a significant governance change that may have little practical benefit. This does not change the Government’s wider policy on local authority governance reform, but it does provide a proportionate and pragmatic safeguard in response to the points that have been raised over the pace of change.

To conclude, the Bill has undoubtedly been improved as a result of the scrutiny in ping-pong so far, and I thank the noble Lords and this place for their contribution in helping us with that. We are pleased to be able to offer concessions on brownfield land, local authority governance and the ministerial power of direction. I urge the House to support the Government’s position and accept these concessions.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the shadow Minister.

--- Later in debate ---

[Gideon Amos (Taunton and Wellington) (LD)]

I will be brief, as most of the arguments have already been well stated.

We acknowledge the Minister’s argument yesterday that this Bill represents a step forward, not the final destination, and that consistency is needed to make the system function, but it is important that, in seeking that consistency, we do not lose the very flexibility that makes devolution truly meaningful. We remain supportive of our Liberal Democrat colleagues in the Lords and their efforts to strengthen the Bill. I place on record our continued backing for a number of those amendments.

Lords amendment 36 addresses our central point. It is not devolution to mandate a single model of governance from the centre. Local areas must retain the ability to choose what works for them. I thank the Minister for concessions that she has made in relation to Liberal Democrat amendments; we are grateful that the Government have taken note of the importance of communities having the right to choose their own governance, and ensured that choice is better protected.

We have already seen why flexibility for local authorities matters. In Sheffield, the council moved away from the leader and cabinet model to a committee system following real concerns about transparency, accountability and council overreach. That change was driven locally by councillors responding to their communities. As my noble Friend Lord Mohammed of Tinsley set out in the other place, the consequences of concentration of power in a small executive can be profound. In Sheffield, decisions to fell thousands of healthy street trees were driven through by a small group without the scrutiny of a wider number. In Sheffield, there is now a plaque that says:

“In recognition of the courageous campaigners who saved thousands of street trees from wrongful felling by Sheffield City Council, and as a reminder to all that such failures of leadership must never happen again.”

That is a stark warning of what can go wrong when power and authority are too concentrated in the hands of too few.

The Liberal Democrats will continue to challenge the Government on this matter, because we are a party that believes in real community representation and local governance decided by local people. We will always fight to ensure that communities have a genuine say in how their areas are run, and that decisions are not handed down from Whitehall. If consistency comes at the cost of local voices, we are not strengthening devolution; we are narrowing it.

Let me turn to Lords amendment 98. The Liberal Democrats believe that placing limits on powers over structural changes is vital if local democracy is to have genuine autonomy. I thank the Minister for what she said about that. Likewise, we have sought to remove powers that would allow Ministers to direct the creation or expansion of combined authorities, including the imposition of mayors, without meaningful local consent. Members on both sides of the House agree that meaningful devolution cannot mean structures delivered and sent from Whitehall with limited local input. If local government is to have real autonomy, consent must be meaningful and Parliament must retain its proper role. We will continue to work constructively with the Government on that.

On Lords amendments 89B and 89C, we strongly support the prioritisation of brownfield development. The Liberal Democrats are grateful to the Government for listening to calls for better protection of greenfield land, and for taking steps through the Bill to encourage the prioritisation of brownfield. That will help to ensure that development is happening in the right places, on land that needs to be developed on, and in consultation with the communities that surround it. This is not about opposing growth; it is about delivering that growth sustainably and making the best use of land that has been developed before.

Although I accept the Minister’s argument that some flexibility is needed to meet housing demand, if it results in greenfield and green spaces becoming the default, we will have failed and got the balance fundamentally wrong. Green spaces are essential to community wellbeing. They support mental and physical health, provide space for recreation and contribute to the identity of local places. Once lost, they cannot be replaced. If brownfield land is not properly prioritised, development pressure will fall on those spaces. We therefore welcome this step in the right direction by the Minister, but we will continue to ask the Government to go further on prioritising brownfield.

When taken together, the three amendments do not frustrate the Bill, but improve it. They move it closer to what devolution should be—rooted in local consent and accountable to local communities. We are glad that the Government have taken heed of the priorities that the Liberal Democrats have put forward, and we will continue to work constructively to ensure decisions are made with local people and not done to them.

[Miatta Fahnbulleh]

I thank hon. Members for their continued engagement and their insightful debate on these issues. In the remaining time, I will respond to some of the particular points that have been made.

I want to put on record my thanks to Opposition Members for the constructive way in which they have approached the debate, so that we can progress the Bill. The hon. Member for Ruislip, Northwood and Pinner (David Simmonds) and I will continue to disagree on whether this is a centralising Bill or a radical shift in power. I still fundamentally believe that the Bill marks a huge step in transferring power outside Whitehall, but, candidly, we will demonstrate that through our actions and through the impact of Bill. What drives us is the impact that this will have in our communities, and we have strong measures that will help us to ensure that we are putting communities in the driving seat so that they can shape their place.

I hear the points made by the hon. Member for Taunton and Wellington (Gideon Amos) on local government governance. The example of Sheffield is one that many of my hon. Friends have advocated for on behalf of their communities, which is why we made the original concession. We think that we have found the right balance. We are clear that if we are to empower local authorities in the way that we want to, they need strong governance in order to make decisions for their communities that will impact on those communities. The reason we are trying to support the shift in governance arrangements is to ensure that we have enduring local authorities that can fundamentally deliver. We think that we have achieved that in the concessions that we have made.

Throughout the passage of the Bill, I have found it hugely heartening that there is a clear point of consensus across the House that if we are to deliver change in our communities, we must push power out into our communities, into the hands of local leaders, into our neighbourhoods and to people who know their patch best. I hope this Bill represents the start of a journey that will fundamentally change the way that Government works and how we, in this place, serve the communities that we are here to represent; where the principle of devolution by default, underpinned by a clear framework, is locked in; where local leaders are empowered to drive economic change and improvements in living standard across their patch; and where communities are put in the driving seat and given powers to shape the places in which they live and work.

I have been clear throughout the passage of the Bill that this legislation represents the floor, not the summit, of our ambition for devolution. I look forward to working with my hon. Friends on the Government Benches and with hon. Members from across the House as we build on the provisions in the Bill.

Finally, I would like to thank my brilliant team of officials who have worked on the Bill—Hannah, Carrie, Guy, Jenna, Marie, Alice, John, Rachel and Wendy—as well as my private office team—Molly, Simon and Lucy—who have all done an absolutely heroic job in taking a mammoth Bill through the House. With that, I commend the Government motions to the House.

Question put and agreed to.

Clause 59

Local authority governance and executives

Resolved,

That this House insists on its disagreement with the Lords in their Amendments 36, 90 and 155, insists on its amendments 155A to 155F and 155H to the words so restored to the Bill by that disagreement with Amendment 155, and proposes amendment (a) to the words so restored to the Bill by that disagreement.—(Miatta Fahnbulleh.)

Clause 92

Commencement

Resolved,

That this House insists on its disagreement with the Lords in their Amendments 85 and 86, 97 to 116, 120, 121 and 123, insists on its amendments 123C to 123H and 123J to 123K in lieu, and proposes further amendments (a) to (e) in lieu.—(Miatta Fahnbulleh.)

[Mike Wood (Kingswinford and South Staffordshire) (Con)]

On a point of order, Madam Deputy Speaker. Last week, I tabled a written question to the Foreign Secretary, asking whether Jonathan Powell was subject to scrutiny vetting before or after he was appointed as the Prime Minister’s special envoy on the Chagos negotiations. I have not yet received a response. Given that Morgan McSweeney appeared to tell the Foreign Affairs Committee this morning that the vetting process began only after Powell was later appointed as National Security Adviser, how can I secure an official answer from the Foreign Office to this basic question before Parliament prorogues?